U.S. Department ofTransportation Federal Aviation Administration 

### JUL 14Z015 Eastern Region Regional Counsel Telephone: 718 553-3258 Facsimile: 718 995-5699
CERTIFIEDMAIL- RETURN RECEIPT REQUESTED Federal AviationAdministration 800 IndependenceAvenue, S.W. Washington, D.C. 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright

**Building~**Room 2014 ATTN: HEARING DOCKETCLERK 1Aviation Plaza Jamaica, NY 11434



## JUL I72015 HEARING DOCKET

Re: IntheMatter ofClearDayAviation, Inc. DocketNo. 2013EA390075 Enclosed herein please fmd a copy ofa request for hearing and the original and one copy ofthe FAA's Complaint in the above-entitled action for filing, together with proofofservice upon the Respondent. The FAA requests that the hearing in this matter be held in Greensboro, NC, and expects that the hearing will lasttwo (2) days. Please address all communications for the Federal Aviation Administration to the attention ofZachary M. Bennan, Office ofthe Regional Counsel, 1 Aviation Plaza Jamaica, NY 11434. Sincerely, Alfred R. Johnson, Jr. Regional Counsel

By: Zachary. Attorney EnclosuresU.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, D.C.
Inthe Matter ofClear Day Aviation, Inc. 2013EA390075 Judge NotAssigned

COMPLAINT 

# R I='VED

**~.~** . 

### JUL 17

**20~5**

The Federal Aviation Administration (FAA), by counsel, hereby files its Complaint, pursuant to Rule 208 of the Rules of Practice (14 C.F.R. 13.208), and states as follows: I Respondent, Clear Day Aviation, Inc.,was advised through a Final Notice of Proposed Civil Penaltythat the FAA proposed to assess a civil penalty in the amount of $19,000.. On July 13, 2015, Respondent submitted a written demand for a hearing. II 1. Clear Day Aviation, Inc., is the holder of Part 141 Flight School Certificate NumberZBOS756K. 2. At all times relevant herein, Clear Day Aviation, Inc., owned, maintained, and operated a Cessna 172S aircraft, identification number N6026S (hereinafter "aircraftN6026S").

### 3. At all times relevant herein, Clear Day Aviation, Inc., operated aircraftN6026S in part 141 flight school operations. 4. On or about January 17, 2013, an anm,ml/100-hour inspection was completed on aircraft N6026S at a tach time of 2,450 hours. 5. Aircraft N6026S was next due for a 100-hour inspection at 2,550 tachhours. 6. Notwithstanding the above, a 100-hour inspection was not performed on aircraft N6026S until on or about April 12, 2013, when the aircraft had 2,559.4 tach hours. 7. During the period from April 3, 2013 through April 8, 2013, Clear Day Aviation, Inc., operated aircraft N6026S for approximately 14 flights when the aircraft had not received an annual or 1 00-hour inspection within the preceding 100 hours ofservice. 8. The flights referenced in paragraph 7, above, were conducted as part 141 flight school operations. 9. Clear Day Aviation, Inc., thus, as the holder ofa flight school certificate, failed to maintain and inspect each aircraft used by it for flight training and/or solo flights, in accordance with the requirements for aircraft operated for hire under part 91, subpartE, ofthis chapter.

III 

### By reason of the foregoing, Clear Day Aviation, Inc,. violated the following sections ofthe Federal Aviation Regulations: (a) Section 91.409(b), which states that except as provided in paragraph (c) ofthis section, no person may operate an aircraft carrying any person (other than a crewmember) for hire, and no 2

### person may give flight instruction for hire in an aircraft which that person provides, unless within the preceding I00 hours of time in service the aircraft has received an annual or 1 00-hour inspection and been approved for return to service in accordance withpart 43 ofthis chapter. (b) Section 141.39(a) (3), which states that when the [flight] school's training facility is located within the U.S., an applicant for a pilot flight school or provisional pilot school certificate must show that each aircraft used by the school for flight training and solo flights is maintained and inspected in accordance with the requirements for aircraft operated for hire underpart 91, subpartE, ofthis chapter.

IV

1. 

### Pursuant to 49 U.S.C. §46301(a)(5), Respondent is subject to a civil penalty not to exceed $11,000 for each ofthe violations alleged. 2. Under the facts and circumstances of this case, a civil penalty of 19,000 is appropriate.
WHEREFORE, the FAA, by counsel, respectfullyrequests that the Administrative Law Judge enter an orderthat Respondentbe assessed acivil penalty in

### the amount

3of$19,000. Respectfully submitted, Alfred R. Johnson, Jr. Regional Counsel
By



# -lf~ Attorney Federal AviationAdministration 1AviationPlaza Jamaica, NY 11434 718 553-3258 718 995-5699

4NOTE: The Rules of Practice for this proceeding are set forth in Part 13, SubpartG, ofthe FederalAviation Regulations (14 C.F.R. Part 13). The Rules of Practice provide that Respondent must file a written answer to this Complaint, or a written Motion to Dismiss if appropriate, not laterthan 30 days after the date shown on the Certificate ofService. A general denial is deemed a failure to file an answer (Section 13.209(e)).

5

### H. Bruce Brandon Attorney at Law 3439 South Aviath.m Orive

Burlington, NC 27215

**Tde[Jh~ne:** (336) 358-6300 (0) (336) 202-0663 (M) **EruaH:hbru.cebrandonl~~gmaU.cnm** Facsimile: (336) 286-7050

13, 20!5 Ms, SharktJefferson

**H¢'~adng** Docket Clerk M"KA30 Wilber Wright Building-Suit<2Wl000 800 ln-dcpendence Ave. SW Washington, DC 20591 Re: FAA DocketNcL 20i3EA390075 D:;.arMs. JeffersorL Pieas-e take notice 20!3EA390075. ViA U5. MAlLAND FACSIMILE

Clear Day Aviatlort, lnc, request a be-ildHg in this matter Ctm.1:eml.ng aBeged viuAations ofover insp;;>dimL 'Thill1k you.

/\ttomey for Clear Aviation, inc. Cc: M. Berman, FAA Eastern Re-gion C.om1sd i Aviation Plaza Jil!naica, NY 11434 o-fa 100 hourCERTIFICATE OF SERVICE I hereby certify that the foregoing Complaint has beenplaced this date in the United States mail, postageprepaid, by Certified Mail

- ReturnReceiptRequested addressed as follows: H. Bruce Brandon, Esq. 349 South AviationDrive Burlington,NC 27215 Federal Aviation Administration (Original and one copy) 800 Independence Avenue, S.W. Washington, D.C. 20591 Attn: HearingDocket Clerk, AGC-430 Wilbur Wright Building

- Room 20 14 -IFFILING BYFEDERALEXPRESS Federal AviationAdministration (Original and one copy) 600 Independence Avenue, SW Wilbur WrightBuilding- Room 2014 Washington, DC 20591 Attn: HearingDocketClerk, AGC-430

Date: 

### JUL 14

### 2015 ?LiHOOks Paralegal Specialist Federal Aviation Administration Office ofRegional Counsel I AviationPlaza Jamaica, NY 11434

6